by Abdulrahman Alhajri
The pervasive trend of digital transformation is impacting nations worldwide, including Kuwait. According to the available data, 99.54% of Kuwait’s population were active users of the Internet in 2019. The local government keeps abreast of this phenomenon and wants to perform the transformation into a smart government to function online more actively. The nation established the Communication and Information Technology Regulatory Authority (CITRA) and the Central Agency for Information Technology (CAIT) to help it achieve the new vision of a Smart City by 2035.
However, researchers indicate that 70% of all digital transformation initiatives fail, which results in losses of $900 billion. In addition to that, a significant obstacle to this process can emerge if citizens have limited access to information. In Kuwait, Law No. 12 of the Right to Access Information (2020) was issued to regulate this phenomenon and fight corruption in the government system. This legislation piece specifies what information should be published on entities’ websites and what data should be kept confidential. In other words, the government should find a balance between making information accessible to everyone and establishing specific procedures to prevent the disclosure of sensitive data. That is why it is reasonable to conduct research investigating how the selected law affects digital transformation in Kuwait.
In the beginning, it is necessary to comment on how Kuwaiti law addresses information access. In 2020, Law No. 12 regarding the Right to Access Information appeared to regulate the issue under consideration. This legislation piece consists of seven chapters and 17 articles that provide definitions of the terms, comment on people’s right to access information, oblige entities to disclose information and explain what information may not be disclosed. This legislation piece was created to align with international obligations to enhance integrity and transparency, promote the freedom of information circulation, and tackle corruption. Even though this approach seems efficient, Morison and Grimshaw admit that the Kuwaiti legal system lacks exhaustive terminology.
The Kuwaiti Constitution fails to provide explicit statements about citizens’ right to access information. However, Article 36 stipulates that every individual has the right to express their opinion. The analysis of international legal practice demonstrates that the freedom of opinion is aligned with people’s right to access information. In particular, Article 10 of the European Convention on Human Rights states that the right to freedom of expression includes the freedom ‘to receive and impart information and ideas without interference by public authority.’ The same idea is found in the Universal Declaration of Human Rights by the United Nations. Furthermore, the Supreme Court of Japan issued a regulation to confirm an integral link between the types of freedom. This information demonstrates that it is reasonable to analyse if Kuwait effectively satisfies its obligation to provide its citizens with these rights.
In English law, a similar approach to the issue under analysis is found. To begin with, one should state that domestic legislation highlights the importance of protecting human freedoms and rights. That is why the Freedom of Information Act was issued in 2000 to rule that public authorities were obliged to publish specific information while citizens were entitled to request this information. Simultaneously, the UN Covenant on Civil and Political Rights explains that human rights may only be limited if a person intends to violate national security or public order. That is why the selected legislation piece devotes Part II to exemptions explaining specific cases when information may not be disclosed. The available evidence demonstrates that the Freedom of Information Act is effective because it perfectly protects anonymised data from disclosure. This statement can allow for supposing that the United Kingdom has managed to find the required balance between meeting the people’s freedom and protecting sensitive data.
In France, the approach to the object under investigation is similar to what was found in English law. The National Consultative Commission on Human Rights makes specific measures to ensure that fundamental human rights and freedoms are respected. This description equally refers to citizens’ liberty to access information. That is why the state issued the Law on Free Access to Administrative Documents in 1978. This document stipulated that all citizens had the right to access files, reports, studies, records, minutes, statistics’ and other information pieces published by official organisations. This legislation piece is effective because it clearly specifies the obligations of official organisations and people’s freedoms and rights. Simultaneously, one should recall that specific conditions should be present to justify the restriction of rights and liberties. French law is similar to other legislation pieces on the given topic from other nations, but it failed because it did not specify cases when the disclosure of information should have been limited. For that purpose, additional legislation pieces were adopted and enacted.
International doctrines and conventions, as well as Supreme Court decisions, explicitly comment on a close and direct connection between the freedom of expression and people’s right to access information. Since this liberty is supported by official documents and requirements, nations are obliged to satisfy this aspect and create appropriate laws. This information refers to all world countries, including Kuwait, France, and the United Kingdom, which denotes that these states should do their best to provide their citizens with effective access to information. However, a significant concern emerges because governments should address this information and guarantee that confidential data are not disclosed. One should acknowledge that strict limitations can become influential obstacles to digital transformation. This description justifies the necessity of investigating how the three nations address the issue under analysis.
